Raj Kumar Sharma & ORS. v. The State Of Delhi And ANR.
$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJ KUMAR SHARMA & ORS.
.....Petitioners Through:
Mr. F. Hassan, Mr. Naleem Khan and Mr. Tabrez Ahmad, Advocates with Petitioners-in-person.
versus THE STATE OF DELHI AND ANR.
.....Respondents Through:
Mr. Yudhvir Singh Chauhan, APP for the State with Mr. Ankit Kumar Singh, Mr. Manish Sharma, Mr.
Sandeep Singh, Mr. Abhishek Jakhar, Ms. Astha Modi, Ms. Vasuchit Anand and Mr. Shashank Harit, Advocates.
SI Upender Singh, PS VK South Mr. Ajay Chaudhary, Advocate for R-2 (Enrl. No.
D/358/94) with Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 31.07.2024 1.
The Petitioners have approached this Court for quashing FIR No.516/2019 dated 03.09.2019 registered at Police Station Vasant Kunj South for offences under Sections 454, 506 & 120B IPC on the ground that the parties have entered into an amicable settlement. 2.
Chargesheet has been filed for offences under Sections 454, 380, 448, 506, 34, 120B & 224 IPC. A perusal of the material on record indicates that the parties are residents of the same colony/locality and are in the same The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
business. The present dispute has arisen on the allegation that the Petitioners threatened the Complainant/Respondent No.2 that they will teach him a lesson and grab his property by hook or crook. 3.
It is stated that the parties have settled all their disputes amicably by a memorandum of settlement dated 26.09.2022. A copy of Settlement Deed dated 26.09.2022 has been annexed with the instant petition as Annexure P-3. As per the settlement, the parties have decided to live peacefully and have agreed to settle all their disputes amicably. It is stated that Respondent No.2/Complainant does not have any objection to quashing of the instant FIR and all the proceedings emanating therefrom in terms of the aforesaid settlement.
4.
The Petitioners and the Complainant are present in Court today. The parties have been identified by their respective Counsels and the Investigating Officer. The Complainant states that he has settled all the disputes with the Petitioners out of his own free will, without pressure, coercion or undue influence and does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court.
5.
In view of the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and in view of the settlement arrived at between the parties since the parties are the residents of the same locality, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.516/2019 dated 03.09.2019 registered at Police Station Vasant Kunj South for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
offences under Sections 454, 506 & 120B IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court. 6.
With these observations, the petition is disposed of along with all the pending application(s), if any.
SUBRAMONIUM PRASAD, J JULY 31, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.